Florida Opinion on Surgical Center’s Liability

A Florida appeals court gave an interesting ruling in Kristensen-Kepler v. Cooney on the question of whether there was potential liability against an ambulatory surgical center.

Plaintiff’s wrongful death claim was that the ambulatory surgical center’s anesthesiologist negligently caused an infection in decedent’s spine. The court found that the surgery center was not directly the patient’s injuries and death because the patient did not choose the surgical center as the site of his surgery. Instead, the patient chose the doctor who directed the patient to the surgical center.